Revises penalty provision of law concerning prohibition of certain unsolicited text messages.
The revised penalties represent a two-tiered structure that aims to balance accountability while also potentially increasing compliance among advertisers. Notably, violations beyond the second would be classified as unlawful practices under the consumer fraud act, a strategic move that carries larger penalties, which could reach up to $10,000 for initial offenses and $20,000 for subsequent infractions. This change is aimed at reinforcing the seriousness of repeatedly violating the unsolicited text message prohibition, thus making it more challenging for habitual offenders.
Assembly Bill A1533 is a legislative proposal aimed at amending the existing penalties associated with the prohibition of certain unsolicited text messages. This bill modifies the penalty structure originally established under P.L. 2015, c.119, which mandates no person may send unsolicited advertisements via text message without first obtaining the recipient's permission when such messages may incur telecommunications charges. A significant change introduced by A1533 is that initial violations would now be met with civil penalties of up to $500 for the first offense and up to $1,000 for a second offense, as opposed to the previous structure that applied the same penalties but did not limit the scope for subsequent violations.
One point of contention surrounding this bill is its approach toward regulating unsolicited advertisements. Supporters argue that these changes are necessary to protect consumers from unwanted advertisements that not only invade privacy but may also impose additional financial burdens. Critics, on the other hand, question whether such stringent penalties could stifle legitimate marketing practices that comply with consumer interests. There is a concern that while the goal is to prevent harassment through unsolicited messages, the penalties could prove excessive in certain contexts, potentially discouraging businesses from engaging in marketing efforts altogether.